Koralage Upali Senarath v. Mutha Merenngya Keerthi Rohan and Paskuwal Handi Upul Dewamiththa Dharmapriya Mendis – CA PHC NO: 25/2014-2016

In the case between Mutha Merenngya Keerthi Rohan (Appellant) and Koralage Upali Senarath (Respondent), the court examined whether the orders of the learned Magistrate and High Court Judge, which allowed the Petitioner temporary use of a disputed roadway over the Respondent’s land, should be vacated. It was determined that such interim orders under Sections 66 and 69 of the Primary Court Procedure Act are temporary, intended to maintain peace and order, and do not foreclose subsequent civil adjudication on substantive rights. The court reaffirmed the principle that the existence of parallel civil proceedings does not prevent a Magistrate from making necessary interim orders. The appeal was dismissed, and the prior orders granting roadway access were upheld, highlighting the importance of m